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De Leon v. De Leon
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G.R. No. 185063, 23 July 2009

 Articles FACTS:

 Case Digests On July 20, 1965, Bonifacio O. De Leon, then single, and the
People’s Homesite and Housing Corporation (PHHC) entered into a
 Chapter News
Conditional Contract to Sell for the purchase on installment of a
191.30 square-meter lot situated in Fairview, Quezon City.
 Uncategorized
Subsequently, on April 24, 1968, Bonifacio married Anita de Leon in a
civil rite officiated by the Municipal Mayor of Zaragosa, Nueva Ecija.

Recent Posts To this union were born Danilo and Vilma.Following the full payment
of the cost price for the lot thus purchased, PHHC executed, on June
 Milagros 22, 1970, a Final Deed of Sale in favor of Bonifacio. Accordingly,
Manongsong v. Transfer Certificate of Title (TCT) No. 173677 was issued on
Felomena February 24, 1972 in the name of Bonifacio, “single.”
Jumaquio Estimo
Subsequently, Bonifacio, for PhP 19,000, sold the subject lot to her
 Azuela v. CA sister, Lita, and husband Felix Rio Tarrosa (Tarrosas), petitioners

herein. The conveying Deed of Sale dated January 12, 1974 (Deed of
 Suroza v.
Sale) did not bear the written consent and signature of Anita.
Honrado
Thereafter, or on May 23, 1977, Bonifacio and Anita renewed their
 Vizconde v. CA vows in a church wedding at St. John the Baptist Parish in San Juan,

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11/13/2019 De Leon v. De Leon – IBP Zamboanga del Norte Chapter

Manila.
 Union Bank v.
Santibañez
On February 29, 1996, Bonifacio died. Three months later, the
Tarrosas registered the Deed of Sale and had TCT No. 173677

canceled. They secured the issuance in their names of TCT No. N-

Recent Comments
173911 from the Quezon City Register of Deeds. Danilo and Vilma

 Marjorie filed on May 19, 2003 a Notice of Adverse Claim before the Register

Mejorada- of Deeds of Quezon City to protect their rights over the subject

Cuenco on 13 property. Very much later, Anita, Danilo, and Vilma filed a

ZN law grad reconveyance suit before the RTC in Quezon City.

pass 2017 Bar

The Tarrosas, in their Answer with Compulsory Counterclaim, averred
Exam
that the lot Bonifacio sold to them was his exclusive property
inasmuch as he was still single when he acquired it from PHHC. As
 Prescription on
further alleged, they were not aware of the supposed marriage
IBP-ZN joins
between Bonifacio and Anita at the time of the execution of the Deed
community
of Sale.
outreach in Jose

Dalman
ISSUE:

 Ronald on
Is the land purchased on installment before marriage, where some
Salient features
installments were paid during the marriage is conjugal property?
of the Revised
Guidelines for RULING:
Continuous Trial
of Criminal No. Given that the subject property is presumed to be conjugal, which

Cases in turn makes the contract between Bonifacio and the Tarrosas void
under Art. 166 of the Civil Code.

As Provided by Art. 160 of the Civil Code, the subject property is “…

PopularRecent  presumed to belong to the conjugal partnership, unless it be proved

that it pertains exclusively to the husband or to the wife.” Since Art.

13
ZN 166 of the Code requires the consent of the wife before the husband
law may alienate or encumber any real property of the conjugal
grad
pass partnership, it follows that the acts or transactions executed against
2017
Bar this mandatory provision are void except when the law itself
Exam
authorized their validity.
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11/13/2019 De Leon v. De Leon – IBP Zamboanga del Norte Chapter

April 26th, 2018 As a final consideration, the Court agrees with the CA that the sale of
one-half of the conjugal property without liquidation of the partnership

Salien is void. Prior to the liquidation of the conjugal partnership, the interest
featur
of of each spouse in the conjugal assets is inchoate, a mere
the expectancy, which constitutes neither a legal nor an equitable estate,
Revis
Guide and does not ripen into a title until it appears that there are assets in
for
Conti the community as a result of the liquidation and settlement. The
Trial
of interest of each spouse is limited to the net remainder or
Crimi “remanenteliquido” (haberganancial) resulting from the liquidation of
Case
May 24th, 2017 the affairs of the partnership after its dissolution. Thus, the right of the

husband or wife to one-half of the conjugal assets does not vest until
the dissolution and liquidation of the conjugal partnership, or after
IBP-
ZN dissolution of the marriage, when it is finally determined that, after
joins
comm settlement of conjugal obligations, there are net assets left which can
outrea
in be divided between the spouses or their respective heirs.
Jose
Dalm
Therefore, even on the supposition that Bonifacio only sold his
March 17th, 2018
portion of the conjugal partnership, the sale is still theoretically void,

for, as previously stated, the right of the husband or the wife to one-
half of the conjugal assets does not vest until the liquidation of the
conjugal partnership.

Nevertheless, this Court is mindful of the fact that the Tarrosas paid a
valuable consideration in the amount of PhP 19,000 for the property
in question. Thus, as a matter of fairness and equity, the share of
Bonifacio after the liquidation of the partnership should be liable to

reimburse the amount paid by the Tarrosas.

* Case digest by Desmarc G. Malate, LLB-1, Andres Bonifacio Law

School, SY 2017-2018

By jurist | October 21st, 2017 | Case Digests | 0 Comments

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